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HomeMy WebLinkAbout2014-OR-33STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2014 -OR- 33 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3402 and 3406 CHARLESTOWN PIKE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R1 TO PD -R1. Whereas, Perry Reisert filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 3402 and 3406 Charlestown Pike and fully described in the attached Exhibit A from R1: Low Density Residential to PD -R1: Planned Development Low Density Residential; and, Whereas, on June 24, 2014 the Jeffersonville Plan Commission has certified its favorable recommendation of the enactment of this proposed zoning map designation change by ordinance of this Common Council; and, Whereas, this matter is now before the Common Council at its regular meeting after certification of the proposed change of zoning map designation pursuant to the provisions of I.C. 36-7-4-608(f)(1); and, Whereas, this Common Council has timely posted notice of its intent to consider the - proposed change of zoning map designation at the regular meeting scheduled for July 7, 2014; and, Whereas, all interested persons having been given an opportunity to appear before this Common Council and be heard regarding this matter as required by law. Now, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana, that the zoning designation of the real property located at 3402 and 3406 Charlestown Pike fully described in the attached Exhibit A is hereby changed from R1: Low Density Residential to PD -R1: Planned Development Low Density Residential. IT IS FURTHER ORDAINED that the zoning map of the City of Jeffersonville shall be amended to include such change. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this ? day of July, 2014. Common Council Of The City of Jeffersonville, Indiana Vicki Conlin City Clerk VOTED AGAINST: Dennis Julius, P, 'sident Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of July, 2014 at _ .,J' Cuki, Vicki Conlin City Clerk This Ordinance approved and signed by me this iii . of July 2014 at Prepared by: Les Merkley Corporate Counsel 5 ike Moore, Mayor STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Perry Reisert PC -14-15 TO REZONE A CERTAIN TRACT 3402 & 3406 Charlestown Pike - Parcels 10-19-03-500-664.000-009 & 10-19-03-500-713.000-009 FROM R1 (Low Density Residential) to PD-R1(Planned Development Low Density Residential) CERTIFICATION 0 "FAVORABLE/ NFAVORABLE/NO RECOMMENDATION OSED ORDINANCE Whereas, Perry Reisert filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R1 to PD -R1 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on June 24, 2014 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on June 24, 2014 , the Jeffersonville Plan Commission ci�01- \nl -e -c vte (b-o)that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R1 to PD -R1 as requested in the petition of Perry Reisert PC -14-15 So certified this 24thday of June , 2014 Ikua Rodriquez Cha man Exhibit A 3402 Charlestown Pike Lao' Description Part of Survey No. 35 of the Illinois Grant to Clark County, Indiana, bounded thus: Beginning at a point on the southwest line of the real estate formerly owned by Mary Otterer, deceased, which was conveyed to her and John A. Otterer, by Samuel B. Dickey and wife, by deed dated November 1, 1879, and recorded in Deed Record No. 69, page 545, Recorder's Office, Clark County, Indiana, said point is where said southwest line intersects the east side of the Charlestown and Jeffersonville 'Turnpike; thence South 55 deg. 35' East, with said line, 494 feet, more or less, to a stone near two beaches at the southwest corner of the said Ottcrer land; thence North 49'/ deg. East, 1631/4 feet, more or less, to a stake; thence North 55 deg. 35' W., 595 feet, more or less, to the east line of the Charlestown and Jeffersonville Turnpike; thence South with the east Zine of said Turnpike, 101 feet and 8 inches, containing 1.6l acres, more or less, and being all of Parcel No. Two and part of Parcel No. Three described in deed under date of November 25, 1940, and of record in Deed Record No. 137, pages 285 and 286, Recorder's Office, Clark County, Indiana. 3406 Charlestown Pike Exhibit "A" Legal Description Being a part of Survey 435 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at the common corner of Surveys ,'122 and 23 and in the line of Survey 435; thence S. 52 deg. 30' W., along the line dividing Surveys 422 and 435. 689.70 feet to a stone; thence N. 36 deg. 16' W., 798.60 feet to a stone; thence S. 52 deg. 44' 39" W.. 1318.68 feet to an iron pipe; thence N. 59 deg. 31' 37" W., 278.00 feet to an iron pipe. the true place of beginning; thence continuing N. 59 deg. 31' 37" \\'., 296.08 fed to an iron pipe in the easterly line attic Charlestown Pike i ibrmcrly Jeffersonville -Charlestown Pike); thence N. 10 deg. 36' 53" 1:.. along said easterly line, 21.63 feet to a point: thence N. 15 deg. 21' E., along said easterly line, 86.44 feet to an iron pipe: thence S. 52 deg. 57' 34" L. 328.04 feet to an iron pipe; thence 30 deg. 23* 37" W., 66.27 feet to the true place of beginning, containing 0.602 acre, more or less. Subject to any and all easements and restrictions of record affecting this real estate. STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -14-15 Petitioner: Perry Reisert Request: Rezoning Two Parcels from R1 to PD -R1 Planned Development —12 patio homes Location: 3402 & 3405 Charlestown Pike Parcels: 10-19-03-500-664.000-009 & 10-19-03-500-713.000-009 Hearing Date: June 24, 2014 Rezoning Request The proposed zoning map amendment would change the zoning of two parcels from R1 (Low Density Residential) to PD -R1 (Planned Development Low Density Residential). This application includes a detailed development plan. Development of the property must match the approved plans and any significant changes require the approval of the Commission. History of the Property This 2.2 acre property has frontage on Charlestown Pike and Morgan Trail. An identical planned development was proposed in 2008 and was approved with the following conditions: sidewalks along Charlestown Pike should be added, trees along the property line should be removed, meet all requirements of zoning ordinance and subdivisions regulations, no off street parking — except parking on one side of the street. No permits were ever issued for this project. A planned development is void after three years if construction is not started. Landsberg Cove Subdivision Village at Armstrong Farm Subdivision Page 1 of 8 Alannah Gardens Patio Homes PC -14-15: Charlestown Pike PD Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4 outlines that the following should be considered when the Plan Commission is reviewing a Rezoning Request: ■ The Comprehensive Plan; • Current conditions and character of structures and uses in each district; • The most desirable use for which the land in each district is adapted; ■ The conservation of property values throughout the jurisdiction; and ■ Responsible development and growth. Comprehensive Plan & Planning Districts This property is in the Suburban Neighborhoods planning district and the Jeffersonville Comprehensive Plan as it relates to this rezoning request is as follows: The Suburban Neighborhoods District is characterized by predominantly residential uses that vary from low to high density and that blend compatibly into the existing landscape and neighborhood areas. High density uses will be limited in scope to minor or major arterials and to areas that have limited impact on the low to moderate density residential areas. The Suburban Neighborhoods District will contain diverse housing types in order to provide housing choices for differing ages and incomes. New neighborhoods are encouraged to incorporate these different housing types with a neighborhood as long as the different types are design to be compatible with nearby land uses. These types may include, but not be limited to large lot single family developments with cul-de-sacs, neo- traditional neighborhoods with short blocks or walkways in the middle of long blocks to connect with other streets, villages and zero -lot line neighborhoods with open space, and high density multi -family condominium -style or rental housing. The district may contain open space and at appropriate locations civic uses and neighborhood centers with a mixture of uses such as office, retail shops, restaurants and services. These neighborhood centers should be a t a scale that is appropriate for nearby neighborhoods. The district should provide for accessibility and connectivity between adjacent uses and neighborhoods by automobile, pedestrian, bicycles, and transit. Neighborhood streets may be either curvilinear, rectilinear or in a grid pattern and should be designed to invite human interaction. Streets are connected and easily accessible to each other, using design elements such as short blocks or bike/walkways in the middle of long blocks to connect with other streets. Examples of design elements that encourage this interaction include narrow street widths, street trees, sidewalks, shaded seating/gathering areas and bus stops. Placement of utilities should permit the planting of shade trees along both sides of the street. Page 2 of 8 PC -14-15: Charlestown Pike PD Condition and Character of the District This property is surrounded by single family homes in the Landsberg Cove Subdivision. Most lots in this neighborhood are around 10,000 square feet with houses that are approximately 2,000 square feet including an attached garage. The neighborhood has sidewalks on both sides of the street. Existing Zoning All properties in the area of 3402 Charlestown Pike have residential zoning. The Village at Armstrong Farm is zoned R3 (Old City Residential) and this allows 5,000 square -foot lots. The patio homes in Alannah Gardens are zoned R2 (Medium Density Residential). Single family residences in the Village at Armstrong Farm (R3) Patio Homes residences in Alannah Gardens(R2) The following chart compares the standards of the R1 District and the Planned Development District (Chapter 8 of the Zoning Ordinance) to the development plan. Description of Standard Minimum Lot Area Required 10,000 square feet (R1) 10 acres (planned development) Proposed 12 dwelling units on 2.21 acres 5.3 units per acre Variance from 10 acre minimum was granted in 2008 Minimum Lot Width 70 feet 130 feet Minimum Lot Frontage 50 feet on Public Street (R1) 300 feet (planned development) 210 feet on Charlestown Pike 326 feet on Morgan Trail Minimum Front Setback 25 feet — Local Street (Morgan Trail) 30 feet — Arterial Road (Charlestown Pike) 25.3 feet 46 feet PC -14-15: Charlestown Pike PD Attachments 1. Planned Development Intent and Permitted Uses 2. Detailed Development Plan 3. Applicant's Letter of Intent Page 4 of 8 PC -14-15: Charlestown Pike PD Minimum Side Setbacks Corner lot has two side yards. 10% of lot width = 52 feet on eastern side 15-20 feet on western side 20 feet 20 feet Maximum Lot Coverage 35% (R1) 65% (planned development) Unknown Minimum Open Space 30% of gross area Unknown Maximum Height of Structure (R1) 35 feet — Primary 18 feet — Accessory (Planned Development) 50 feet — Primary 20 feet — Accessory Unknown Minimum Floor Area / Unit 1500 sq ft for one story homes 1100 sq ft ground floor if total area is at least 1500 sq ft Approximately 1,000 sq. ft. residence and 480 sq. ft. garage. Landscaping (LA -02) 6 deciduous trees 6 evergreen trees 3 flowering ornamental trees 126 foundation plantings Unknown Parking (PK -03) 2 paved parking spaces per unit plus Spaces must be 9 feet by 18 feet long Garage and driveway can fit four cars per unit. Attachments 1. Planned Development Intent and Permitted Uses 2. Detailed Development Plan 3. Applicant's Letter of Intent Page 4 of 8 PC -14-15: Charlestown Pike PD "PD" District Intent and Permitted Uses 8.1 District Intent, Permitted Uses and Miscellaneous Standards District Intent The purposes of these regulations are to provide greater design flexibility in the development of land when consis- tent with the Comprehensive Plan and intent of the Zoning Ordinance and Subdivision Control Ordinance. The use of Planned Development zoning classifications shall be encouraged when the use of such regulations promotes a harmonious variety of uses, and/or provides for an economy of shared services and facilities, and/or is compatible with surrounding areas and/or fosters the creation of attractive, healthful, efficient and stable environ- ments for living, shopping or working. The Planned Development regulations and procedures may apply to the fur- ther development of existing developed lands or to vacant lands. Further, they generally only apply to large tracts of land. Planned Development regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility, va- riety in type, design and layout of sites and buildings. Planned Development projects should also encourage a more efficient use of land so that resulting economies may accrue to the benefit of the community at large. Examples of this concept would include the preser- vation of existing trees or wetlands, and the inclusion of recreation areas within new subdivisions. 8-2 Permitted Uses AO uses are subject to the discretion and approval of the Plan Commission. No uses are granted by nght In general, the uses that will be consid- ered in a Planned Development are Uses designated as Permitted Uses or Special Exceptions in the Base Zone District (For example if the previous zoning was R2 and the proposed Planned Devel- opment district would be PD -R2, the Permitted Uses and Special Exceptions in the R2 Distnct would generally be appropriate) All other land uses will be reviewed and considered at the discretion of the Plan Commission. Mixed uses will be con- sidered and may be encouraged when appropriate. All land uses proposed in a PD must be nonconflicting and in the spirit of the Comprehensive Plan, the previous Zoning District, surrounding land uses and Zoning Districts. Miscellaneous Standards Minimum Land Area: • 10 acres to qualify for any PD Minimum Lot Frontage: • 300 feet on a Public Street with access from said Public Street Maximum Lot Coverage: • Square footage of all primary and accessory structures, and impervious surface cannot exceed 65% of the Lot Area Minimum Floor Area: • Based on Base Zone Distnct Maximum Structure Height: • 50 feet for the Pnmary Structure •20 feet for Accessory Structures Minimum Open Space: •30% (gross area) for residentially domi- nant Planned Developments • 15% (gross area) for commercially dominant Planned Developments Jeffersonville Zoning Ordinance Page 5 of 8 PC -14-15: Charlestown Pike PD • se 1} f. • :;':. P. • a - Page 6 of 8 • sL a h $_ �efD0' iPv- i $^ r js"1 Dor 'e ii; K C' otfr OS'�A ,Fl, PC -14-15: Charlestown Pike PD May 20, 2014 City ofJeffersonville Plan Commission C/o Mr. Shane Corbin Director of Planning & Zoning City Hall, Suite 200 500 Quartermaster Court Jeffersonville, IN 47130 Re: 3402 & 3406 Charlestown Pike Jeffersonville, IN 47130 Dear Commission Members: We are petitioning the commission to consider our request to rezone the above -referenced properties to PD, Planned Development, to permit the construction of a 12 -unit patio home project. The two properties are currently zoned RI: Low Density Residential and each was previously improved with an older single-family residence. The two properties are now vacant and contain a combined 2.21 acres. These properties were previously rezoned from R 1 to PD in 2008 for this same patio home project, which was proposed by a joint venture that was led by my father. Charles E. Reisert. Jr. llowever. after attaining approvals, he had to put this project on hold when the housing market plummeted following the financial market crisis of late 2008. Similar conditions persisted and the project remained on hold when my father became seriously ill in early 2011, and the zoning approval expired just prior to his death in September 2011. Now that the local housing market is recovering and there is growing demand for new homes in the area. we seek to attain approval again for this project so that it may now be completed. The proposed plan would be for six duplex buildings. each containing two dwelling units. or a total of 12 units. As shown in the attached project plan, the six buildings would be situated along a private cul-de-sac drive off Morgan Trail. Each patio home would contain a large living area. dining in a bay area, open kitchen with bar, a master suite with bath and walk-in closets, hall bath that also services the guest bedroom. Off the dining hay. there is a door Opening onto a private patio. On the front of the home there is a porch with old fashioned swing. and a yard with a picket fence. Each unit has a two -garage with a two -car parking pad in front of it. allowing 4 off- street parking places per home. Page 7 of 8 PC -14-15: Charlestown Pike PD Cit) ofJeffersonville Plan Commission RE: 3402 & 3406 Charlestown Pike, Jeffersonville, IN Date: April 30, 2014 Page 2 The proposed project is consistent with the prevailing residential character of the neighborhood and meets the goals of "smart growth" by making use of a vacant infill property that has al] necessary infrastructure already in place. The proposed homes would he similar in quality and amenities to the sun'ounding neighborhood homes Avhile providing an alternative lower - maintenance lifestyle sought by Many residents. The project would make good use of this irregular -shape corner property without exceeding the typical housing density range that exists in the neighborhood. Much of the new housing along this area of Charlestown Pike has consisted of similar patio homes or condominiums and this project would actually have a lower unit density than most of these recent projects, as shown in the following summary: Project & Location Project Type The Village at Armstrong Farm, Section 1 Alannah Gardens, 3212 & 3216 Charlestown Pike Briarsweet Station, 3600 Charlestown Pike Penny Lane, 3800 Charlestown Pike Emerald Pointe, Charlestown Pike & Gem Stone Dr 3202 & 3206 Charlestown Pike (Proposed) Detached SFR Attached Patio Homes Duplex Apartments Duplex Apartments Duplex Condominiums Total Units 78 20 4 24 8 Project Site (Acres) 14.58 4.44 0.50 2.963 0.93 Units/Acre 5.35 4.50 8.00 8.10 8.60 Duplex Patio Homes 12 2.21 5.43 These newer developments are all located along Charlestown Pike within 0.1 to 0.7 miles of the proposed project. As shown, the proposed project density of 5.43 units per acre would be significantly lower than the other nearby duplex projects, which have 8.0 to 8.6 units per acre. In fact, the proposed density is more comparable to the detached single-family homes in The Village at Armstrong Farm or the attached patio homes in Alannah Gardens. both of which arc located within 0.2 miles south of these properties. In conclusion, we believe this project makes the very best use of this property and hope you will see fit to once again grant your approval. If any other information is needed regarding this proposal, please let me know and I will do my best to provide it. Sincerely, Pt:rry G. %teisert Hoosier Hills Capital, LI.0 ,'Charles 1 . Reisert. Jr. Estate Enclosures Page 8 of 8 PC -14-15: Charlestown Pike PD 1)1 P\ R t' 111 \ 1 01 1. i \; \11rki1\, 11.1 1iiluficl.;i�l• . .I,2li1,",.n1ll( lig. iLtd lihtl;ltl., .17 , .•1) ):L; 13F?FOIZI: 7 111 ('11 Y ('OI NCI1, O1. J1:I.1-'FRSON\'11,11:. IND11N.A IN THE MAT 1LR OF THE OR1)INANCP ('J-1AANGING 1FI11. ZONING i\'IAP DESIGN1A'1-ION OI ,A (TR [AIN FRAC] 1 OF PROPFR'I'Y 1.O(':A IED ::\1 3402 AND 3406 ('1 L\RL[S'I O\\'N PIKE ANI) FIJI LY DP:S('RlBk:f) IN A'1 1 CACI IF I) Ext 11131 1. A FROM R 1 FO P1) -R 1 NO'I'I('E OF HEARING ON ORI)INAN('1; ('I1.ANGIN'G THE ZONING MAI) DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 3402 AND 3406 ('HARLESTOVVN PIKE AND FILLY DESCRIBED) 1N ATTACHED EAHI13IT A FRO\l RI 7'O PD -R1 Notice is perchv given that the Cit v of Jeffersonville has filed Ordinance w ith the Jeffersonville City Council..lcl'lcrsonville. Indiana asking for a change in the /oiling map designation of a certain tract of properly' located at 3402 and 3406 (harlestovy I1 Pike and fully described in Exhibit A from R 1 -Loin Density Residential to PD -R1 -Planned Development Low I)cnsity Residential. ,1 public hearing will be held on .Julv 7. 21)14 at 7:00 p.nh. in the City ('ouucil Chambers. 1' floor. ('ily Hall. 500 Quartermaster Court. Room 101.. Jeffersonville. Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. 111 c�Iuni upp��� �itaiI rmph, 1,es Mcrklev ('il\' Atto •I1C\ Jeffersonville Cit. I lal1 50O Quartermaster C oui-t Jeflersonville. IN 47130 (812)285-0423